Texas 2023 - 88th Regular

Texas House Bill HB847 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New	Differences
1	1	88R3680 MCF-D
2	2	By: Reynolds H.B. No. 847
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the storage of firearms surrendered by a person subject
8	8	to a magistrate's order for emergency protection or protective
9	9	order as a result of family violence, sexual assault or abuse,
10	10	stalking, or trafficking of persons.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Article 7B.006(a), Code of Criminal Procedure,
13	13	is amended to read as follows:
14	14	(a) Each protective order issued under this subchapter,
15	15	including a temporary ex parte order, must contain the following
16	16	prominently displayed statements in boldfaced type, in capital
17	17	letters, or underlined:
18	18	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
19	19	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
20	20	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
21	21	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
22	22	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
23	23	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
24	24	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
25	25	UNLESS A COURT CHANGES THE ORDER."
26	26	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
27	27	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
28	28	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
29	29	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
30	30	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
31	31	ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
32	32	LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR THE
33	33	DURATION OF THIS ORDER."
34	34	SECTION 2. Article 17.292(g), Code of Criminal Procedure,
35	35	is amended to read as follows:
36	36	(g) An order for emergency protection issued under this
37	37	article must contain the following statements printed in bold-face
38	38	type or in capital letters:
39	39	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
40	40	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
41	41	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT
42	42	RESULTS IN A SEPARATE OFFENSE MAY BE PROSECUTED AS A SEPARATE
43	43	MISDEMEANOR OR FELONY OFFENSE, AS APPLICABLE, IN ADDITION TO A
44	44	VIOLATION OF THIS ORDER. IF THE ACT IS PROSECUTED AS A SEPARATE
45	45	FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT
46	46	LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON, OTHER
47	47	THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE,
48	48	ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE
49	49	OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS
50	50	ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY
51	51	CONFINEMENT OR IMPRISONMENT. A PERSON SUBJECT TO THIS ORDER MAY
52	52	SURRENDER ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED
53	53	SECURE LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR
54	54	THE DURATION OF THIS ORDER."
55	55	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
56	56	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
57	57	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
58	58	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
59	59	UNLESS A COURT CHANGES THE ORDER."
60	60	SECTION 3. Subchapter B, Chapter 85, Family Code, is
61	61	amended by adding Section 85.0221 to read as follows:
62	62	Sec. 85.0221. PROVISIONS FOR SURRENDER OF FIREARM BY PERSON
63	63	SUBJECT TO PROTECTIVE ORDER. (a) The commissioners court of each
64	64	county shall designate a secure location to store firearms
65	65	surrendered under this section.
66	66	(b) A person subject to a protective order under this
67	67	chapter or Chapter 7B, Code of Criminal Procedure, or a
68	68	magistrate's order for emergency protection under Article 17.292,
69	69	Code of Criminal Procedure, may surrender a firearm possessed by
70	70	the person to the secure location designated by the commissioners
71	71	court in the county in which the person resides. A person
72	72	responsible for the administration of the designated secure
73	73	location shall accept the firearm and store it in the secure
74	74	location until the expiration of the protective order. A person who
75	75	accepts a surrendered firearm shall immediately provide the person
76	76	surrendering the firearm a written copy of the receipt for the
77	77	firearm and a written notice of the procedure for the return of the
78	78	firearm.
79	79	(c) Unless otherwise prohibited by law from possessing a
80	80	firearm, a person who surrenders a firearm under Subsection (b) is
81	81	entitled to the return of the firearm on the expiration of the
82	82	protective order and after making a request to the person
83	83	responsible for administering the secure location to which the
84	84	firearm was surrendered.
85	85	(d) If the firearm is not requested before the 61st day
86	86	after the date the protective order expires, the commissioners
87	87	court shall order the firearm destroyed, sold at public sale by an
88	88	auctioneer licensed under Chapter 1802, Occupations Code, or
89	89	forfeited to the state for use by a law enforcement agency in the
90	90	county. Only a firearms dealer licensed under 18 U.S.C. Section 923
91	91	may purchase a firearm at public sale under this subsection.
92	92	Proceeds from the sale of an unclaimed firearm under this
93	93	subsection, after deduction of auction costs, shall be deposited in
94	94	the county treasury in a special fund to be used to administer the
95	95	secure location for the surrender of firearms under this section.
96	96	An expenditure from the fund may be made only in accordance with a
97	97	budget approved by the commissioners court.
98	98	SECTION 4. Section 85.026(a), Family Code, is amended to
99	99	read as follows:
100	100	(a) Each protective order issued under this subtitle,
101	101	including a temporary ex parte order, must contain the following
102	102	prominently displayed statements in boldfaced type, capital
103	103	letters, or underlined:
104	104	"A PERSON WHO VIOLATES THIS ORDER MAY BE PUNISHED FOR
105	105	CONTEMPT OF COURT BY A FINE OF AS MUCH AS $500 OR BY CONFINEMENT IN
106	106	JAIL FOR AS LONG AS SIX MONTHS, OR BOTH."
107	107	"NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS
108	108	ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY
109	109	PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS
110	110	VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT
111	111	UNLESS A COURT CHANGES THE ORDER."
112	112	"IT IS UNLAWFUL FOR ANY PERSON, OTHER THAN A PEACE OFFICER, AS
113	113	DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT
114	114	AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL
115	115	SUBDIVISION, WHO IS SUBJECT TO A PROTECTIVE ORDER TO POSSESS A
116	116	FIREARM OR AMMUNITION. A PERSON SUBJECT TO THIS ORDER MAY SURRENDER
117	117	ANY FIREARMS IN THE PERSON'S POSSESSION TO A DESIGNATED SECURE
118	118	LOCATION AS PROVIDED BY SECTION 85.0221, FAMILY CODE, FOR THE
119	119	DURATION OF THIS ORDER."
120	120	"IF A PERSON SUBJECT TO A PROTECTIVE ORDER IS RELEASED FROM
121	121	CONFINEMENT OR IMPRISONMENT FOLLOWING THE DATE THE ORDER WOULD HAVE
122	122	EXPIRED, OR IF THE ORDER WOULD HAVE EXPIRED NOT LATER THAN THE FIRST
123	123	ANNIVERSARY OF THE DATE THE PERSON IS RELEASED FROM CONFINEMENT OR
124	124	IMPRISONMENT, THE ORDER IS AUTOMATICALLY EXTENDED TO EXPIRE ON:
125	125	"(1) THE FIRST ANNIVERSARY OF THE DATE THE PERSON IS
126	126	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
127	127	IMPRISONMENT FOR A TERM OF MORE THAN FIVE YEARS; OR
128	128	"(2) THE SECOND ANNIVERSARY OF THE DATE THE PERSON IS
129	129	RELEASED, IF THE PERSON WAS SENTENCED TO CONFINEMENT OR
130	130	IMPRISONMENT FOR A TERM OF FIVE YEARS OR LESS."
131	131	"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED
132	132	BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $4,000 OR BY
133	133	CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR, OR BOTH. AN ACT THAT
134	134	RESULTS IN FAMILY VIOLENCE MAY BE PROSECUTED AS A SEPARATE
135	135	MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A
136	136	SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON
137	137	FOR AT LEAST TWO YEARS."
138	138	SECTION 5. (a) The commissioners court of each county shall
139	139	designate a secure location for the storage of surrendered
140	140	firearms, as required by this Act, not later than December 1, 2023,
141	141	and shall begin accepting surrendered firearms on January 1, 2024.
142	142	(b) The change in law made by this Act relating to the
143	143	contents of a protective order or a magistrate's order for
144	144	emergency protection applies to an order issued on or after January
145	145	1, 2024. An order issued before that date is governed by the law as
146	146	it existed immediately before the effective date of this Act, and
147	147	the former law is continued in effect for that purpose.
148	148	SECTION 6. This Act takes effect September 1, 2023.